ML20079G576
| ML20079G576 | |
| Person / Time | |
|---|---|
| Site: | 05000605 |
| Issue date: | 10/01/1991 |
| From: | Marriott P GENERAL ELECTRIC CO. |
| To: | Chris Miller NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM), Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML19298E608 | List: |
| References | |
| EEN-9170, MFN-113-91, NUDOCS 9110090173 | |
| Download: ML20079G576 (5) | |
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GE Nuclear Energy on., !w-rnn
; & +:g (4em 4 S p-Jr L4 yJ:1.5 October 1,1991 MFN No. I13 91 Docket No. STN 50-605 EEN 9170 i
Document Control Desk U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Attention:
Charles L Miller, Director Standardization and Non Power Reactor Project Directorate
Subject:
Request for Supporting Documents from the Chapter 18 Issues Meeting in San Jose on Septeraber 1011,1991
References:
1.
Dino C. Scaletti To Patrick W. Marriott, " Resolution of Issues Related to Chapter 18 of the Standard Safety Analysis Report for the Advanced Boiling Water Reactor Design", August 30, 1991 2.
GE Responses to the Resolution ofIssues Related to Chapter 18, Meeting in San Jose on September 10-11,1991, MFN No.
112-91, dated October 1,1991 Enclosed is one (1) set of the ABWR support documents relative to the issues identified in Reference 1. These documents are provided in support of the responses to issue Numbers 1,2.c and 6 of Reference 2.
The enclosed documents contain information that is designated as General Electric Company proprietary information and included is the corresponding proprietary affidavi..
- Sincerely, P.W. Marfio'tt, Manager Regulatory and Analysis Seivices M/C 382, (408) 925-6948 cc: F. A. Ross (DOE)
N. D. Fletcher (DOE)
D. C. Scaletti (NRC)
B J. S. Wermiel.
(NRC)
R. C. Berglund (GE)
J. F. Quirk (GE) i h
040037 I l 9110090173 911001 PDR ADOCK 05000605 i
A PDR
General Electric Company AFFIDAVIT I, Robert C. Mitche'1, being aulv sworn, depose and state as follows:
1.
I am Manager, Nuclear Products Licensing, General Electric Company, and have been del-egated the function of reviewing the information described in pr..agraph 2 which is sought to be withheld and have been authorized to apply for its withholding under 10CFR2.790(a)(4) and (b)(1).
2.
The information sought to be withheld are the following documents:
Number Revision Title 23A5727 1
Integration of Control & Instrumentation Design 23A5760 1
Implementation Procedure for the Evaluation of Iluman Factors and Man Machine Interfaces 23A6077 0
llPCF Man-Machine Interface Requirements 23A6266 0
Neutron Monitoring System Man Machine Imerface Requirements
{
23A6797 9
liigh Pressure Core Flooder System Task Analysis 23A6801 0
Neutron Monitoring System Task Analyds NEDC 31549P March 88 Final Design Progrexs Report on the Joint Study with Tokyo Electric Power Company," Study of liighly-Efficient BWR Operation with Plant Automation System" Appendix U./, SOP CSI, System Operating Procedure Neutron Monitoring Appendix B-11, SOP-E22, System Operating Procedure liigh Pressure Core Spray 3 D-28-15003 3
Implementation Procedure for Developing System Operation and Maintenance and Personnel Requirements 3E-28-A148 3
Implementation Procedure for Analysis of Tasks and Alk) cation of Functions RS-5000842 1
Implementat!an Procedure for Development of System Fuac' al Requirements 3.
In designating material as proprietary, General Electric utilizes the definition of proprietary information and trade secrets set forth in the American Law Institute's Restatement of Torts, Section 757. This definition provides:
"A trade secret may consist of any formula, pattern, device or compilation of infor-mation which is used in one's business and which gives him an opportunity to obtain an advantage over competitors who do not know or use it..
A substantial element of secrecy must exist, so that, except by the use of improper meaas, there would be difficulty in acquiring information.... Some factors to be considered in determining whether given information is one's trade secret are: (1) the extent to which the information is known outside of his business; (2) the extent to which it is l
Affklavit Pay 1 l
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known by employees and others invohed in his business; (3) the extent of mea-sures taken by him to guard the secrecy of the information;(4) the value of the in-formation to him and to his competitors; (5) the amount of effort or money ex.
panded by him in developing the information; (6) the ease or difficulty with the which the information cou d be properly acquired or duplicated by others."
'4.
Some examples of categories ofinformation which fit into the definition of proprietary infor-mation are:
a.
Information that disclosed a process, method or apparatus where prevention of its use by General Electric's competitors without license from General Electric constitutes a -
competitive economic advantage over other companies; b.
Information consisting of supporting data and analyses, including test data, relative to a process, mehod or apparatus, the application of which provide a competitive economic advantage, e.b. by optimization or improved marketability; c,
Informatien which if used by a competitor, would reduce his expenditure of resources or
-improve ha competitive position in the design, manufacture, shipment, installation, as-surance of quality or licensing of a similar product; d.
Information which reveals cost or price information, production capacities, budget lev-!s or commercial strategies of General Electric, its customers or suppliers; e.
Informar. ion which reveals aspects of past, present or future General Electric cus-tomer funded development plans and programs of potential commercial value to Gen-eral Electric:
f.
Information which discloses patentable subject matter for which it may be desirable to obtain patent protection; g.
Information which General Electric must treat as proprietary according to agreements with other partics.
5.
In addition to proprietary treatment given to material meeting the standards enumerated above, General Electric customarily maintains in confidence preliminary and draft material L
- which has not been subject to complete proprietary, technical and editorial review. This prac-tice is based on the fact that draft docements often do not appropriately reflect all aspects of a problem, may contain tentative conclusions and may contair, errors that can be corrected during normal review and approval procedures. Also, unth the final document is complete it may not be possible to make any definitive determination as to its proprietary nature. Gen-eral Electric is not generally willing to release such a document in such a preliminary form.
Such documents are, however, on occasion furnished to the NRC staff on a confidential basis because it is General Electric's belief that it is in the public interest for the staff to be promptly furnished with significant or potentially significant information. Furnishing the document on a confidential basis pending completion of General Electric's internal review permits early ecquaintance of the staff with the information while protecting General Elec-tric's potential proprietary position and permitting General Electric to insure the public doc.
uments are technically accurate and correct.
Affidavit Page 2
6.
Initial approval of proprietary treatment of a document is typically made by the Subsection manager of the origm-ag component, who is most likely to be acquainted with the value and sensitivity of the information in relation to industry knowledge. Access to such docu-ments within the Company is limited on a "need to know" basis and such documents are clearly identified as proprietary, 7.
. The procedure for approval of external release of such a document typically requires review j
by the Subsection Manager, Project manager, Principal Scientist or other equivalent author-ity, by the Subsection Manager of the cognizant Marketing function (or delegate) and by the Legal Operation for technical content, competitive effect and determination of the accuracy J
of the proprietary designtion in accordance with the standards enumerated above. Disclo-sures outside General E'ectric are generally limited to regulatory bodies, customers and po-tential customers and their agents, suppliers and licensees then only with appropriate protec-tion by applicable regulatory provisions or proprietary agreements.
8.
The document mentioned in paragraph 2 above has been evaluated in accordance with the l
above criteria and procedures and has been found to contain information which !s propri-etary and which is customarily held in confidence by General Electric.
9.
The information to the best of my knowledge and belief has consistently been he'J in confi.
dence by the General Electric Company, no public disclosure has been made, and it is not available in public sources. All disclosures to third parties have been made pursuant to regu.
latory provisions or proprietary agreements which provide for maintenance of the informa-tion m confidence.
- 10. The information, as called out in Paragraph 2, sought to be withheld has been jointly developed by General Electric,5Iitachi and Toshiba for the Kashiwazaki Kariwa project, Units 6 & 7 Public disclosure of this information is likely to cause substanti;.1 harm to the competitive position of the General Electric Company, Ilitachi, Ltd. and Toshiba Corporat.
ion and de 3 rive or reduce the availability of profit making opportunities because it contains details of t Te General Electric, Ilitachi and Toshiba design which are not available to other parties without prior proprietary agreement, This information would provide other parties, including competitors, with valuable information associated with the technical and business practices 'of the General Electric Company, Hitachi, Ltd. and Toshiba Corporation. This information is of a type customarily held m confidence by General Eiectric, Ilitachi and Tos-hiba since it reveals valuable design information obtained at considerable expense to General Electric, Ilitachi and Toshiba.
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Affidait P~;- 3 h
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STATE OF CALIFoltNIA
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COUNTY OF SANTA CLARA ) "S Robert C. Mitchell, being duly sworn, deposes and says:
That he has read the foregoing affidavit and the matters stated therein are true and correct to the best of his knowledge,information, and belief.
Executed at San Jose, California, thisIday of OcyrgR 1991.
G 2 m % d C. " % U t a d t;>
Robert C. MitcFell General Electric Company Subscribed and sworn before me this day of ( h]Dbc( 1991.
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Santa Clara County Affidavit l' age 4
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